127BCommunication to counsellor

### 127B Communication to counsellor > > (1)  In this section – > > > > > ***counselling communication*** means a communication made before, on or after the commencement of this Act in circumstances that give rise to a reasonable expectation of confidentiality or a duty of confidentiality if the communication is made – > > > > > > > > (a) by a victim of a sexual offence to a counsellor in the course of counselling or treatment of the victim by the counsellor for any emotional or psychological harm suffered in connection with the offence; or > > > > > > > > > (b) to, or in relation to, that victim for the purposes of that counselling or treatment; > > > > > ***counsellor*** means a person – > > > > > > > > (a) whose profession or work consists of or includes the provision of psychiatric or psychological therapy to victims of sexual offences; or > > > > > > > > > (b) who provides, for fee or other reward or on a voluntary basis, psychiatric or psychological therapy to victims of sexual offences for or at the direction of a body or organisation that provides such therapy to such victims; > > > > > ***victim*** includes alleged victim. > > > (2)  For the purposes of the definition of "counselling communication", in determining whether a communication was made in circumstances that gave rise to a reasonable expectation of confidentiality or a duty of confidentiality it does not matter that the communication was made in the presence of a third party if the third party's presence was necessary to facilitate communication or further the counselling process. > > > (3)  A counselling communication must not be disclosed in any criminal proceedings unless the victim has consented to the disclosure. > > > (4)  A person must not be required, in or in connection with any criminal proceedings, to produce a document that records a counselling communication unless the victim has consented to the production of the document. > > > (5)  Evidence of a counselling communication must not be adduced or admitted in any criminal proceedings unless the victim has consented to the adducing or admission of the evidence. > > > > | Note: This section does not appear in the Evidence Act 1995 of the Commonwealth. |